Autor, et al. v. Pritzker, et al., No. 12-5379 (D.C. Cir. 2014)
Annotate this CaseAppellants, federally registered lobbyists, wishing appointment to one type of advisory committee, the Industry Trade Advisory Committees (ITACs), challenged the constitutionality of the presidential ban on federally registered lobbyists from serving on advisory committees. Appellants alleged that the government has conditioned their eligibility for the valuable benefit of ITAC membership on their willingness to limit their First Amendment right to petition government. The district court dismissed the complaint under Rule 12(b)(6). The court concluded, however, that appellants have pled a viable First Amendment unconstitutional conditions claim. The court remanded for the district court to develop the factual record and to undertake the Pickering v. Board of Education analysis in the first instance. The district court must determine whether the government's interest in excluding federally registered lobbyists from ITACs outweighed any impingement on appellants' constitutional rights.
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